Tag: freedom

INTRODUCTION

Human rights are considered to be sacrosanct. It is the set of rights with which a person is born. These rights ensure that a person has a good standard of living. Human rights give people good life full of happiness and prosperity. Each human right plays a very crucial role in shaping a person’s life. Human rights are mostly referred to as fundamental or inherent, birthrights. These rights are not created by any state or any legislation and neither are they subjected to any kind of amendment. The Universal Declaration of Human Rights defines human rights as the right derived from the inherent dignity of a human person. Human rights are inclusive of civil and political rights. These rights usually limit the government authority that may affect the individual’s independence. There are also rights called ‘social rights’ where the government has various ways to improve the life quality of the citizen.

CHARACTERISTICS OF HUMAN RIGHTS

Some notable characteristics that define human rights are-

1. Human rights are inalienable– Human right is a right given to a person even when the person is in the womb. These rights are given to a person irrespective of his religion, creed, sex, or nationality. His mere existence gives him this right.
2. Human rights are necessary and essential– In absence of human rights, a person cannot achieve their fullest potential. Physical welfare, moral welfare, and social welfare are adversely affected without human rights.
3. Human rights are in connection with human dignity– Human rights are about treating people with dignity; giving them respect as normal individuals irrespective of gender or race. Example: African Slaves were treated badly by the Americans, they were given many sorts of punishment like whipping, mutilation, raping, burning, etc.
4. Human rights are irrevocable– Human rights cannot be taken away from any person as they originate from the social nature of the person, merely because he is a human he is enshrined with these rights.
5. Human rights are dynamic– Human rights are not static, they cannot be defined in a restricted sense, and people change with respect to changes in time. Formulation of different treaties and conventions with change in time is a depiction of the dynamic nature of human rights.
6. Human rights are never absolute– Human is a social animal, he can enjoy all of their rights without any restrictions but for a common good, the state may impose some restrictions and they can be only imposed by the state.

ORIGIN OF HUMAN RIGHTS AND ITS EVOLUTION

Human rights originated in 539 BCE, when Cyrus the Great captured Babylon, Cyrus freed all the slaves and said that all men are free, they can choose any religion and must have racial equality. Then in the year 1215 Magna Charta introduced the concept of Rule of Law wherein it defined basic idea of rights and liberties for all persons. Rule of Law concept mentions the sense of accountability, stability, equality and access to justice for all. Magna Charta was signed in 1689.

The Declaration of Rights of Man and of Citizen in 1789 which was adopted by the French National Assembly is a historical event based on the political concerns of civil and political rights. This declaration contained principles that inspired French Revolution. This declaration has specified some aspects of rights of liberty, private property, right to participate in elections, freedom of religion but these rights were not fully established due to the fall of French National Assembly in 1791. During this time the famous principles of some political thinkers like Rousseau, that good government must have freedom of all its citizens and Montesquieu, who argued the elimination of idea of Divine Rights of the King to Rule and if people are not satisfied with the rule of the king then they can rebel; gained popularity. These ideas have enlightened some kind of knowledge about human rights to common people. This resulted in French Revolution of 1789. During the 17^th -18^th century, it was considered an enlightenment stage where the people themselves were taught about their rights of life, liberty and pursuit of happiness.

The Second Generation of Human Rights in 19^th century emerged when people realized that the rights which were stated in the 17^th century were only established for some class of people. The poor and weaker sections hardly had leverage to exercise these rights. They realized that civil and political rights can be established by the people of the elite class. So the primary focus during these times was economic, social and cultural rights. The views originated from socialist thinkers like Marx and Lenin emerged about a stage of communist revolution for the welfare of the people and that state must ensure the welfare to the people so that people can reach up to their maximum potential. There must be democratic centralism and there must be an establishment of one party socialist state. The intervention of state is more here. This included the right to work, right to a standard of living, right to health and right to education. They are termed as the welfare rights as they pertain to the development of the people.

The Third Generation of human rights emerged with dynamic nature of human activities that affected the globe. The world suffered from two world wars. Geneva Convention and Hague Convention promoted basic level of dignity of individuals. The concerns over the protection of certain minority nations and peaceful co-existence were raised by the League of Nations at the end of First World War. Due to some political reasons and rise of dictatorship, it led to the fall of League of Nations. Then Second World War happened and thousands of lives were lost during that time; treatment of Jews in the concentrated camps, atomic bombing in Japan horrified the world and human rights were propagated as the global consciousness and eventually this led to rise of United Nations Organisation in 1945. There are other specialized agencies like International Labour Organisation for protecting workers rights increasing their safety and economic growth. People also did not like the concept of nation state so they thought for the benefit of whole mankind. They thought that all humans must get benefit in the process of human rights, the emergence of solidarity rights came into existence where rights were not spoken for a people in a specific country but in the whole world.

During the Fourth Generation of human rights, there were many technological developments and there were few growing concerns that whether the technology would encroach on human rights. Universal Declaration of Human Rights (UDHR) was established in 1948. Although UDHR is not legally binding it has different ways which keep a check and balance the exercise of state power and how a state should treat its citizens. There were other international covenants on Economic Social and Cultural Rights and Civil and Political Rights constituting the International Bill of Rights. It is mandatory now that all members of the UN must incorporate the provision of human rights in their constitution. UN has also adopted various treaties including conventions to prohibit various kind of crime that is against humanity like Convention on Elimination of All Form of Discrimination against Women and Convention on Rights of the Child.

Constitution of India contains basic human rights of all citizens, irrespective of their gender, caste, religion etc. India had signed the Universal Declaration of Human Rights on January 1942. If a part in the constitution is against the fundamental right then it is declared as void. These sections are vital elements of the constitution which includes Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion and Right to Constitutional Remedies among others.

In Kesavananda Bharati v State Of Kerala¹ case it was stated that Universal Declaration of Human Rights may not be legally binding instrument but it shows how India understood the nature of human rights at the time the constitution was adopted. In Consumer Education & Research v Union Of India & Others² case it was stated that the directive principles are the forerunners of UN Convention on right to development. The right to development is inalienably a human and fundamental right and everyone is entitled to it, along with being entitled to enjoy economic, social cultural and political development. In Air India Statutory Corporation v United Labour Union & Ors³ case it was held that right to health and medical care is a fundamental right of a worker under Article 21, read with Articles 39(e), 41, 43, 48A to make the life purposeful. In Mrs. Valsamma Paul v Cochin University And Others⁴ case it was stated that human rights are derived from the dignity and human rights and fundamental freedoms are interdependent.

CONCLUSION

Human rights are the basic rights given to every individual to achieve their maximum potential. Human rights have a very long way of history and development. India has also enshrined human rights in Part III and IV of the Constitution which are the fundamental rights and directive principles. Violation of fundamental rights will eventually cause a legislation to be declared void. All rights are covered under these two parts. Further, as part of the fourth generation of human rights, one needs to be careful about the fast developing technologies. In future there may be fusion of nuclear, biological, chemical and technological aspects which need to be looked at carefully and we must protect the human dignity at any cost. There might be future risks regarding human rights preservation and necessary steps must be taken to protect it. Though the human rights have several articles and conventions among nations, there is only limited progress of human rights as many people suffer from extreme poverty or they suffer from the policies of their own states. So, the human rights in future must be further progressive, giving everyone in this world a dignified life.

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CITATIONS

1. SC Writ Petition (civil) 135 of 1970.

2. 1995 AIR 922, 1995 SCC (3) 42.

3. SC Civil Appeal Nos. 15536-37, 15532-15534 of 1996 (Arising out of SLP (C) Nos. 7418-19/92 and 12353-55/95).

4. 1996(1) SC 571.

This article is written by Sree Lekshmi B J, a third year law student.

INTRODUCTION

Behind today’s Democratic Secular Republic Socialist Sovereign India lies a ton of tumultuous happenings which includes the unification of around 565 princely states and the war between two neighboring countries. The credit for the present date India goes to the nation’s freedom fighters like Sardar Vallabhbhai Patel, Jawaharlal Nehru, and Mahatma Gandhi among many others. A committee headed by B.R Ambedkar drafted the constitution and adopted the same on 26^th November 1949 establishing democracy in India. Indian democracy is a government that is elected by the public of the country to regulate law and order in society and the government is answerable to the general public regarding its action. The Indian government is based on a parliamentary system i.e., the House of Representatives (Rajya Sabha) and House of People (Lok Sabha).

The democracy of India rests on four pillars— Legislature; Executive; Judiciary; and Media. In a democracy, citizens enjoy certain freedoms like professing any religion, practicing any profession, residing throughout any territory of India, forming associations, speech and expression, to assemble in any part of India subject to reasonable restriction. Similarly, internet freedom comes into play to protect one’s digital rights, right to access to information, and freedom from censorship on the internet. Indian government must uphold the rights and freedoms provided to citizens with changing times to ensure democracy in Indian society. Nowadays, Internet Democracy or Digital Democracy (E-Democracy) is used for governance which assures effective participation, equality of decision, clarity of issue, and cyber security issues. As youth believes, the internet is a primary source for any event and its easy accessibility and authenticity make it gain influence over the traditional resources. The minimal issues can be reduced by collective decision and problem-solving, resultantly helping the democracy to work efficiently and smoothly.

FREEDOM OF INTERNET

United Nations of Human Rights Council declared Freedom of the Internet as a human right in the year 2012. Especially an addition was made by the UN in the Universal Declaration of Human Rights Article 19 that everyone has a right to express his/her views on any issue going around via any social media platform disregarding any borderline among nations. Section 32 states the protection and promotion of human rights on the internet. The freedom that one enjoys offline must also be able to enjoy the same freedom online.

In the case of Faheema Shirin v. the State of Kerala,¹ high court concluded that the right to the internet is a part of a fundamental right. It is covered under Article 19 as well as 21 as it constitutes an essential part of one’s life with changing times. It was argued that if one was given the fundamental right to enjoy something, one must also have enough means to fulfill its purpose too. Bansashree Gogoi v. Union of India² reveals how an infinite number of petitions were filed in Guwahati High Court against the internet shutdown in Assam. The court opined the order to be lifted due to inconveniences faced by people in their day-to-day life.

The most recent incident of internet shutdown and mobile connectivity in Jammu and Kashmir in order to ensure security in the state also attracted a dispute. The action of the Home Department of Jammu and Kashmir was challenged by Anuradha Bhasin³ on grounds that no reasons were given while passing orders as required. Further, the order passed was based on agitation that the law and order situation would be damaged. The court believed that the state government has no right to pass any order based on its agitation regarding the maintenance of law and order. The government has pledged to be transparent and answerable to the public, therefore, making it an individual’s right to know. While concluding the case Hon’ble Supreme Court quoted that “Prohibition to the internet is a fundamental right but subjected to certain restrictions.”

The government had shut down internet services in the union territory and when resumed, only 2G services were supplied that led to a lot of hassle as most of the work was being done online due to COVID-19. The court took notice of it and asked the government to form a committee to cater to the situation that would also make regulations keeping in mind the needs of petitioners⁴.

Freedom House was established in the year 1941 and stationed in New York. It’s a governmental organization that aims the promotion of democracy throughout countries of the world. It issues an index showing the freedom of the internet among countries of the world. Iceland (96) topped the list whereas China (10) was at last. Speaking of India, it got a score of 49 out of 100 keeping in mind three indicators i.e., obstacles to accessing the internet, limits provided for content, and violations of user’s rights. India’s rank has been falling for the last two years and yet it has shown no improvement at all.

SOCIAL MEDIA

Social Media is a platform used by people to share their ideas, opinions, suggestions, and information about anything ensuring active participation in decision-making and other issues revolving around the interest of the general public. Social Media was formed to connect people from one person to another in two different corners of the world but with the advancement of technology, the business industry started using it as a medium to reach out to their customers.

In the present-day context, there are over 5.8 billion people around the world using internet facilities. With the existence of COVID-19, the number of users is only going to increase due to the maximum work being done online. Social media gives easy access to information, holding the reasons and answerability of leaders in check regarding issues arising in society. However, everything has its drawbacks; non-regulation of the system leads to the spread of bogus news, targeting minor castes or religions, and resultantly dampens democratic principles.  

Traditional Media and Social Media are two different sources that provide us with information about events that took place around the world. Traditional Media is about the news read in a newspaper or shown on T.V or listened to on the radio with the approval of an editor. On Social Media, the content is shared by any user of apps like YouTube, Twitter, or Facebook which he/she deems fit. Traditional Media offers one-way communication and no interaction among its users whereas new media is a two-way communication that allows the interaction between publisher and user. The internet and social media provide people with social networking and a range of opportunities that help in developing the social skills of youngsters.

SOCIAL MEDIA AND THE INTERNET ENSURE DEMOCRACY

With access to usage of the internet and platform to share ideas, opinions, and suggestions one can use his/her fundamental rights effectively and efficiently. Indian Constitution giving citizens the Right to the Internet under two different fundamental rights itself says a lot about the importance of the internet in the modern world. Article 19 provides Freedom of Speech and Expression to ensure there’s no hindrance to this right, therefore, the government must ensure the means to express the views, suggestions, and ideas must be given by the presence of social media and access to the internet as social media is an internet-based platform. Article 21 provides for the Right to Life and Personal Liberty ensuring the usage of the internet is important for one’s day-to-day life, the internet services, and their speed must meet the level so that no issues arise.

The presence of social media and the internet has two aspects related to the democracy of India— It provides assurance to the general public that their voice is being heard and government can also provide clarity of policy and reasons behind their actions. Discussion among people can easily help with problem-solving, the flow of information about elections, and assets and liabilities of candidates. It allows people to share their opinions but conflicting opinions can lead to hate comments or massive trolling. During elections, candidates may give speeches related to ethnic origin or caste, or religion for vote bank from that particular minority. To limit the spread of bogus information, social media platforms must be held liable for the contents posted on their sites and the government should also form new laws keeping in mind the problems that arise with the usage of the internet and social media.

CONCLUSION

Social media and usage of the internet are important to one’s life but excess of anything is harmful. Therefore, the freedom given must be with reasonable restrictions. Censorship is one of the main solutions to the problem of the spread of bogus news, anything that violates principles mentioned in the preamble, and many other issues. Yet, people are still divided on the issue of censorship. Some people support censorship as it restricts unlawful behavior, censoring influential content can help in the prevention of publicizing content that may be offensive. Whereas censoring content may also violate privacy, it may restrict the content that other people may not deem offensive or the uncensored content may be inappropriate. It may lead to a loss of originality in one’s content.

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CITATIONS

¹ WP (C) No. 19716 of 2019 (L).

²  2019 SCC OnLine Gau 5584.

³ Anuradha Bhasin v Union of India, AIR 2020 SC 1308.

⁴ Foundation for Media Professionals v. Union territory of Jammu and Kashmir (2020) SCC online SC 453.

This article is written by Simran Gulia, a BA.LLB student from Maharaja Agrasen Institute of Management Studies.